79395A_Dixon, Jennifer & Justice, Kristen_20210722

CAMA / DREDGE & FALL
-• (A, B C D
ENERAL PE_ RM IT Previous permit #
New -Modification _ Complete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission in an 4rea of environmental concern pursuant to 15A NCAC 7 1 I I � `" -'
i ARules attached.
Applicant -!_I. ies n J-it },.A.
Address_ 10 S Ses.l. :r L J c
City t W.\ito statil Ili I_ZIP AJ S4 .
Phone # (%!l) be'b - 9 ie'i 1 E-Mall
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AEC(S): OEA
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ORW: yes e� •
PNA yes f�noiI:
Project Location: County he
Street Address/ State Road/ Lot #(s)_
10•3 CA Lit q ti
Subdivision_P-n,nav)c-
ZIP
Phone # (_ )_ __. River Basin
Adj. Wtr. Body �, ..c. } to S� i ba „ co kk (nat /unkn)
Closest Maj. Wtr. Body 'tZoa ^off
Type of Project/ Activity a U , X ti '
Pitt
L'�' a� t I
(Scale:
ier.�dock) length L" K tf
Nwl
Fixed Platform(s) _
Floating Platform(s) _ _
Finger pier(s)_
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Groinlength — - - —
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number ---___ _._
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Bulkhead/ Riprap length
10
avg distance offshore
A.r t•ftio r p,t t
max distance offshore
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Moratorium: �tJ% yes no
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Photos: no
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Waiver Attached: F 6n
A building permit may be required by:
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See note on back regarding River Basin rules.
( Note Local Planning Jurisdiction)
Notes/ Speclal Conditions C
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Agent or Applicant Printed Name
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Signature PI read compliance statemei
Application Fee(s)
PermitofRcer's PrliNwM
onbadtofpermit`e LSignature /
Check # Issuing Date Expiration Date

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
The Peninsula Owners Association
c/o Bob Kalainikas, President
P.O. Box 2434
Manteo, NC 27954
NORTH CAROLINA
Environmental Quality
July 22, 2021
Re: Objection to the Issuance of CAMA General Permit No. 79395A for a Pier and Boatlift
Development Project, at 105 Seabreeze Ct., Dare County, and on a Canal
Dear Mr. Kalainikas:
The Division of Coastal Management has reviewed your correspondence dated June 16, 2021, and received on
June 18, 2021, that related to your objection as an adjacent riparian property owner to a permit request from
Joe Lassiter, who was acting on behalf of Jennifer Dixon & Kirsten Justice for a 20'x4' pier and 16'x14' boatlift at
105 Seabreeze Ct., Dare County. I conducted a site visit on June 16, 2021, to evaluate the permit applicant's
request.
Under the Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has established
Rules for General Permits for this type of development that are found in 15A NCAC 07H. 1200,
The Division has reviewed your objections, along with all aspects of this development proposal for consistency
with the aforementioned Rules, which describe the CRC's standards and guidelines for this type of
development. Our review of the proposed development has found it to be consistent with the Rules of the CRC
and the State's Coastal Management Program, and that all pre -requisites have been satisfied. Therefore, the
Division of Coastal Management issued General Permit No. 79395A on July 22, 2021, (copy attached) for the
proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form with the Director of
the Division of Coastal Management within 20 days of the permit issuance date. If you choose to pursue an
appeal, please contact this office so that we can provide you with the appropriate forms and addresses.
If you have any further questions regarding this matter, please do not hesitate to contact me at this office.
Sincerely,
Ron Renaldi, District Manager
Division of Coastal Management
Northeast District
cc: Sarah Loeffler, Division of Coastal Management, Elizabeth City, NC
D E Q North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909
DO"" Oft ft r 252.2643901

RECEIVED
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
J U N 1 e 2021
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FOPCCM_EC
Name of Property Owner
Address of Property:
JChn^.}t� (��•.
(Lot or Street #, Street or Rdad, City & County)
Agent's Name JG5� . Mailing Address: e woo Ty Agent's phone #: Z5' .2 z, "� g0G C
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing with dimensions must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http://www.nccoastalmanagement.net/web/cm/statf-listing orby calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
�Z__l do not wish to waive the 15' setback requirement.
(Pro erty Owner Information)
_ v
Sign re
STnn.�y � turn
Print or Type Name
I D S 5S" r4�z� t o 4 r F
Mailing Address
11,^� , k �f 2 -19 sy
City Sta p
Telephone Number / Email Address
(RipafrJag Property Owner Information)
Signature
edraA
Print or Type Name
Mailing Address dr
City/State2ip
q1q-522-5-730
Telephone Number/Email Address
Date Date
(Revised Aug. 2014)

The Peninsula Owners Association
P.O. Box 2434
Manteo, NC 27954
Email: PeninsulaHOA(c-Doutlook.com
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
June 16, 2021
Mr. Ronald Renaldi
NC Division of Coastal Management
401 S. Griffin Street
Elizabeth City, NC 27909
Good afternoon Mr. Renaldi,
03 HOG
PH 9 L Nnf
CEIAOODa
We are in receipt of Mr. Lassiter's letter dated June 8, 2021, regarding the proposed boat lift at Lot
15, 105 Seabreeze Ct, Manteo. As per his request, we are submitting our response to you to clarify
and share our position.
The Peninsula HOA board discussed the proposed boat lift with Ms. Dixon on Monday, May 31 st. Ms.
Dixon shared her concerns regarding the requested parallel positioning of the boat lift given Lot 15's
adjacent property constraints. At the request of Ms. Dixon, we submitted a request for legal review by
Jay Wheless.
In regards to the summary of the situation, there are a few points of clarification we have outlined
below:
The Peninsula's recorded covenants grant riparian rights to owners as follows:
"6.4 Riparian Rights,The riparian rights of each Owner shall include: (l) the right to
wharf out and to moor a boat so long as the some stays within an area defined Article 6A second
paragraph" which states "6.4.1 SlipBoundaries. Declarant reserves the right to construct a boardwalk,
gazebos and finger piers over portions of Homesites and the waters of the existing canal. If said
boardwalk and/or finger piers are constructed, then each Homesite and/or Dwelling Unit shall have the
right to wharf out and to moor a boat within the following boundaries: the vertical boundaries of each
such space are created by the intersections of the vertical planes which. (1) pass along the outermost
surfaces of the docks, piers, pilings, walkways and boardwalks on the landward side of the space, and (2)
the extension of the Homesite's side lot lines to the dock, piers, pilings, walkways and boardwalks and
then at right angles thereafter, and (3) lie twenty (20) feet waterward of and parallel to the first boundary
or a width as approved by State and local regulations whichever is less."
This grants property owners the right to moor a vessel within their side lot lines and waterward 20 feet from the
boardwalk. The 20 foot guideline designates a maximum limit of a vessel OR structure into the canal. The
proposed perpendicular mooring location of the 23 foot vessel and boat lift would exceed the maximum allowed
outward mooring limitation into the canal. Per the legal guidance from Jay Wheless, the HOA board does not
have the authority to approve an exception to the recorded covenants and extend the mooring parameters
greater than 20 feet into the canal. The process to request a change to the covenants is outlined in section 2.2
(see below) should Ms. Dixon decide to pursue that course of action.
2.2. Association Rights. Upon any Amendment to this Declaration being proposed by the Board of
Directors or Members, such proposed Amendment shall be transmitted in writing to the President of the

Association, or other officer of the Association in the absence of the President, who shall thereupon call
a Special Meeting of the Members of the Association for a date not sooner than
twenty (20) days nor later than sixty (60) days from receipt by the President of the proposed
Amendment. It shall be the duty of the Secretary to give to each Member written notice of such
Special Meeting, stating the ti111e and place, and reciting the proposed Amendment in reasonably
detailed form which notice, if mailed, shall be mailed not less than ten (10) days nor more than
thirty (30) days before the date set for such Special Meeting. If mailed, such notice shall be
deemed to be properly given when deposited in the United States mail, Certified with Return
Receipt Requested, addressed to the Member at his Post Office address as it appears on the records of the
Association, the postage thereon prepaid. Any Member may, by written waiver of notice signed by
such Member, waive such notice, and such waiver, when filed in the records of the
Association, whether before or after the holding of the meeting, shall be deemed equivalent to the
giving of notice to such Member. At the meeting, the Amendment proposed must be approved by an
affirmative vote of sixty-six percent (66%) of the votes of Members entitled to vote in order for such
Amendment to become effective. At any meeting held to consider such Amendment, the written vote
of any Member of the Association shall be recognized if such Member is not in attendance at such
meeting or represented thereat by proxy, provided such written vote is delivered to the Secretary of the
Association prior to or at such meeting. In order for such Amendment to be binding upon all the holders
of mortgages or deeds of trust against any Homesite or Dwelling Unit in The Properties,
written consent must be obtained from the then existing (as of the date of the mailing of notice) holders
of First Lien Mortgages or Deeds of Trust encumbering fifty-one percent (515vo) of the Homesites and/or
Dwelling Units in The Properties. If such consent is so obtained, the Amendment shall be binding on all
the holders of mortgages or deeds of trust encumbering Homesites and/or Dwelling Units in The
Properties. If so approved, such Amendment of this Declaration shall be transcribed and certified by the
President and Secretary of the Association as having been duly adopted and approved by the requisite
percentages of Members and Lenders. The original or an executed copy of such Amendment so certified
and executed by said officers with the same formalities as a deed, shall be recorded in the Dare County
Public Registry, and no such Amendment to this Declaration shall be effective until so recorded. If any
Amendment to the Declaration creates an inconsistency in the Bylaws, to the extent such inconsistency
exists, the Declaration shall control.
• The existing common element pier adjacent to Ms. Dixon's property in addition to the private finger pier on the
opposite adjacent side were both in existence prior to Ms. Dixon purchasing the property. Each lot in our
neighborhood has its own unique characteristics that may enhance or encumber the mooring options for that
specific lot, including some that may not be eligible for a boat lift on the property by either DCM or the
covenants requirements.
At this time, we are in objection and cannot approve the proposed boat lift proposal based on the
above mentioned recorded covenant restrictions detailing the riparian rights and mooring boundaries
of each property owner. As previously mentioned to Ms. Dixon, other options that could be
considered, and have been by other neighbors, are an elevator style lift or an angled lift orientation
that would fall within the 20 foot mooring limit.
Please revise and resubmit an updated proposal, as this current proposal cannot be approved as
submitted.
Sincerel ,
Bob Kalainikas
President
The Peninsula Owners Association
RECEIVED
J U N 1 8 2021
DCM-EC

LASSITER ENVIRONMENTAL CONSULTING, LLC
139 S. Dogwood Trail
Southern Shores, NC 27949
Email: tos hsloisiter mail.com — Phone. 252,202.3900 mobile/text
CERTIFIED MAIL— RETURN RECEIPT REQUESTED
June 8, 2021
Mr, Bob Kalainikas, President
Peninsula Homeowners Association
PO Box 2434
Manteo, NC 27954
Mr. Kalainikas:
Ms. Jennifer Dixon, owner of Lot 15, located at 105 Seabreeze Court In the Peninsula Subdivision,
Manteo, NC 27954 has asked that I assist her in preparing and obtaining a NC Coastal Area Management
Act (CAMA) permit to construction a 13' wide x 16' long boat lift with an associated 201ong x 4'wide
access pier in the canal adjacent to her property, The specific proposed work is indicated on the
attached as -built survey and a hand sketch of the proposed boat lift and pier.
The Peninsula Homeowners Association (HOA) is an adjacent riparian property owner to the project, and
we are therefore required to notify the HOA of the proposed development in order to give you an
opportunity to comment, in discussions with Ms. Dixon, I am advised that she has been in conversation
with members of the HOA concerning the existing covenants and an Issue related to how the boat lift is
oriented in relationship to the existing bulkhead. My understanding is that the preferred alternative is
for the boat lift to be parallel with the bulkhead but in the case of lot 15 a platform constructed by the
HOA on Lot 14 encroaches approximately 4' onto the Dixon property and there is a pier constructed on
the property line of Lot 16. Those two structures make in impossible to construct a parallel boat lift on
Lot 15 that will accommodate Ms. Dixon's boat. Therefore, the boat lift is proposed to be placed
perpendicular to the bulkhead but still meet the subdivision guidelines that a boat slip should extend no
more than 20' waterward of the existing bulkhead it is also my understanding that members of the HOA
have reviewed the issue and agree that a viable parallel boat lift can't be placed on Lot 15. 1 am advised
that the HOA has instructed the attorney for the HOA, Mr. Jay Wheless, to prepare, if required, an
amendment to the covenants that would allow the proposed boat lift to be constructed on Lot 15, if
that is the case, I request that you confirm by signing the provided Adjacent Riparian Property Owner
Statement indicating that you have no objection to the project, At that point we will proceed with the
processing and review of the permit application with the NC Division of Coastal Management.

Dixon HOA letter Page 2
Should you have any comments you can send your written comments to Mr. Ron Renaldi, NC Division of
Coastal Management, 401SLGriffin Street, Elizabeth City, NC 279Q9within l0days ofreceipt ofthis
information, Nocomment within 1Udays will beconsidered asNoObjection. lfyou have questions o,
need additional Information about the project you can also contact meatthe address, email o,phone
number above.
Thank you for your attention tothis request,
Sincerely,
51ose S. Lassiter
Lassiter Environmental Consulting, LI
cc: Jennifer Dixon
Ron RenaldLDCAA

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ADJACENT RIPARIAN PROPE&U OWNER STATEMENT
I hereby certify that I own property adjacent to-jLn 01 *4e V- -�)"k V > 1 Is
(Na of P rty Owner)
property located at SeabCteZe ro to �O-r—
on, JhC644 1,'l
ress, Lot, tqck, Rgad, etc.
, in lo, ri --t-le 0
and/or County)
N-C.
The applicant has described to me, as shown below, the development proposed at the above
location,
. - / I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill In description below or attach a site drawing)
Mnp���
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (if you wish to waive the setback, you must initial the appropriate blank below,)
�do wish to waive the 15' setback requirement.
I do not wish to waive the 15* setback requirement,
(Property, Owner Information) (Adjacent Presperty
Qwner Information)
gnralure Signpg
I'l C4 0 elt
Print. . or T a Name Print or
Mar ddress
city tsvzfD oly/sts
Telephone Numberl small address releptu
Date
'Valid for one calendar year after signature*
Ismail
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..... . .......
A11P.Ca"Walle-
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(Revised Aug. 2014)

Lpt

AQJACENT RIPARIAN PROPERTY OffljgR STATEMENT
I hereby certify that I own property adjacent to 4V— 'a
(Name of PrrpRmrty Owner)
property located at C- C�c' P—r—
(Address, Lot, Block, Road, etc.)
on -_5 A�a//Z;f4Z -bU 19 in N.C.
(wauirdwy) of (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
1!7t* n
lh,4'I�Ihave no objection to this proposal.
I have objections to this proposal,
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill in description below or attach a site drawing)
cs z
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15'from my area of riparian access unless waived by
me,,(If you wish to waive the setback, you must initial the appropriate blank below,)
AN
I do wish to waive the 15' setback requirement,
I do not wish to waive the 15' setback requirement,
(Property'Owner Information}
ignature
Print or Type Name
Mading Address
citylst ' t Cip
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Telephone Number/ email address
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(Adjacent Property Owner Into"nation)
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Print or Type Name
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Mailing Address
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cityltelZlp
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Telephone Numbarlemail address
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Date*
/V)r /3 (Rev4SedAug. 2014)
*Valid for one calendar year after signature*

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PENINSULA DRIVE
PRIVATE R/W)
(AWHALT)
AS -BUILT SURVEY FOR
JENNIFER y L NN DIXON & KIRSTEN JUSTICE
LOT 16 — pSNjjVSULA SUBDIVISION, PX.D. — MANTEO
NAGS HEAD TOWNSHIP DARE COUNTY — NORTH CAAOLrNA
30 15 0 30 SNABOAM SURVEYING & PLANNING, INC. C-15,96
I inch - 30 ft. 103F W. WOOD HILJL DR., P.Q. BOX 58, NAGS HEAD, NC 27959
*1 OFFICE: (252) W-9998 FAX[phone]

Jenn Dixon -Executive Leader of Operations
Whole Foods Market -Southeast Region
5055 Arco Street, Cary, North Carolina 27519
[phone]
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